Chapter 2 - Customs, Common Law and Equity

Flashcards about Customs, Common Law, and Equity

What are the primary sources of written law in the UK?

Primary Legislation (Acts of UK Parliament) and Delegated Legislation.

How are Acts of the UK Parliament enacted?

They must pass both Houses of Parliament with majority support and receive Royal Assent.

What is delegated legislation?

Laws made by bodies other than Parliament, using powers granted by the UK Parliament.

What is 'Assimilated Law'?

EU Laws as of IP Completion Day (31 December 2024) which are not repealed, remain in force in the UK.

How does the European Convention of Human Rights (ECHR) become law in England?

Through incorporation by an Act of Parliament, such as the Human Rights Act 1998.

What is the significance of customary law?

It originated in ancient times and historically played a crucial role in developing the English Legal System.

Name at least three characteristics of customary law.

Ancient origin, unwritten rules, and practices developed over time in specific communities.

What are the legal requirements for a local custom to be enforceable, as per Egerton V Harding?

Existed since 'time immemorial,' practiced peaceably, openly, as of right, definite in locality, nature, and scope, and reasonable.

What does 'immemorial usage' mean in the context of customary law?

The custom's origin cannot be traced back to a specific time.

When did common law develop?

After the Norman Conquest, established by the royal courts.

On what is common law based?

Judicial decisions and precedents.

What is Stare Decisis?

The principle of 'to stand by what has been decided,' central to common law development.

Why did the Court of Chancery emerge?

To administer a system of Equity that could provide aids unavailable in Common Law.

When did Equity emerge?

During the medieval period.

What happened to the Court of Chancery in 1474?

It became independent from the King's Court.

What is the relationship between common law and equity in cases of conflict?

Equity prevails.

What did the Judicature Acts of 1873-75 accomplish?

They combined the Common Law Courts and the Courts of Equity into a Unified Court of Justice and Court of Appeal for Civil Matters.

What are the key differences between Common Law and Equity regarding rights?

Common Law covers tort, contract, and property; Equity covers trusts and equity of redemption in mortgages.

Give an example of an Equity defence.

Promissory estoppel – defence to breach of contract where claimant promised to accept a lower amount, although the promise not backed by consideration.

What remedies are available in Common Law versus Equity?

Common Law provides damages only; Equity offers Specific Performance, Injunction, Rescission, and Rectification.